The Supreme Court unanimously decided on Monday that Colorado cannot exclude Donald Trump from running for office; but, the court disagreed on one point, voting 5–4 in favor of Justice Amy Coney Barrett, one of the court's three liberal justices.
The court said that only Congress, not the states, may utilize the 14th Amendment's insurrection clause to exclude candidates from running for office, but it did not address whether Trump had broken the provision.
According to The Hill, Barrett and the three liberal justices said that the five conservative justices had gone too far in stating that the amendment could only be implemented by federal law.
Barrett pointed out that the complaint did not require the court to consider the "complicated question" of whether the provision may only be enforced by Congress since it was filed by "Colorado voters under state law in state court". Although ABC News claims she disapproved of the liberal justices' concurring opinion's tone, she did agree with them on that issue. "The majority's choice of a different path leaves the remaining Justices with a choice of how to respond," she said. "In the turbulent period leading up to a presidential election, the Court has resolved a politically contentious matter. Writings on the Court, especially in this context, ought to lower rather than raise the public temperature."
According to the AP, Rick Hasen, a law professor at UCLA who co-wrote a brief to the court, cautioned that the ruling left enough room for a potential constitutional crisis to arise after the election. "The majority's choice of a different path leaves the remaining Justices with a choice of how to respond," she wrote. "The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up."
Trump gave what the Guardian refers to as a "meandering" news conference at Mar-a-Lago, where he applauded the decision while criticizing the other charges brought against him. He described the ruling of the supreme court as "very well crafted." Furthermore, I believe it will play a significant role in uniting our nation, which is something we really need."
The court said that only Congress, not the states, may utilize the 14th Amendment's insurrection clause to exclude candidates from running for office, but it did not address whether Trump had broken the provision.
According to The Hill, Barrett and the three liberal justices said that the five conservative justices had gone too far in stating that the amendment could only be implemented by federal law.
Barrett pointed out that the complaint did not require the court to consider the "complicated question" of whether the provision may only be enforced by Congress since it was filed by "Colorado voters under state law in state court". Although ABC News claims she disapproved of the liberal justices' concurring opinion's tone, she did agree with them on that issue. "The majority's choice of a different path leaves the remaining Justices with a choice of how to respond," she said. "In the turbulent period leading up to a presidential election, the Court has resolved a politically contentious matter. Writings on the Court, especially in this context, ought to lower rather than raise the public temperature."
According to the AP, Rick Hasen, a law professor at UCLA who co-wrote a brief to the court, cautioned that the ruling left enough room for a potential constitutional crisis to arise after the election. "The majority's choice of a different path leaves the remaining Justices with a choice of how to respond," she wrote. "The Court has settled a politically charged issue in the volatile season of a Presidential election. Particularly in this circumstance, writings on the Court should turn the national temperature down, not up."
Trump gave what the Guardian refers to as a "meandering" news conference at Mar-a-Lago, where he applauded the decision while criticizing the other charges brought against him. He described the ruling of the supreme court as "very well crafted." Furthermore, I believe it will play a significant role in uniting our nation, which is something we really need."
